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��������� <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums s�ured by this Security Instrument granted by Lender to Borrower <br />or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any <br />5uccessors in Interest of Borrower. Lender shall not be required to commence proccedings against any <br />Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization <br />of the sums s�ured by this S�urity Instnunent by reason of any demand made by the original Borrower or <br />any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remefly <br />including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in <br />Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the <br />exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and <br />agrees that Bonower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not ex�ute the Note (a "co-signer"): (a) is co-signing this <br />S�urity Instrument only to mortgage, grant and convey the co-signer's interest in the Properiy under the <br />terms of ttris S�urity Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Inslrument; and (c) agrees that Lender and any other Borrower can agr� to e�tend, modify, forbear or malce <br />any accommodarions with regard to the terms of this Security Instrument or the Note without the c�-signer's <br />consent. <br />Subject to the provisions of Secrion 18, any Successor in Interest of Bonower who assumes Bonower's <br />obligations under this S�uriry Instnunent in writing, and is approved by Lender, shall obtain all of <br />Bonower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this S�urity Instrument unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Se�tion <br />20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Bonower f�s for services performed in connection with Borrower's <br />default, for the purpose of protecting Lender's interest in the Property and rights under this Security <br />Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regazd to <br />any other fees, the absence of express authority in this Security Instrument to charge a sp�ific f� to <br />Bonower shall not be construe� as a prohibition on the charging of such fee. Lender may not charge fces <br />that aze expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subj�t to a law which sets *+�aximum loan chazges, and that law is finally interpreted so that <br />the interest or other loan charges collected or to be collected in connection with the Loan exceed the <br />permittefl limits, then: (a) any such loan charge shall be reduced by the amount n�essary to reduce the <br />charge to the permitted limit; and (b) any sums already collected from Bonower which excce�ed }�ermiited <br />limits will be refunded to Bonower. Lender may choose to make this refund �y re�ucing the principal o�ved <br />under the Note or by maldng a dir�t payment to Bonower. If a refund reduc� principal, the r�d�a� vvill <br />be �reated as a partial prepayment without any prepayment charge (whether or not a prepayment c�arge is <br />provided for under the Note). Borrower's acceptance of any such refund made by dir�t payment to <br />Borrower will constitute a waiver of any right of action Bonower might have arising out of such overcharge. <br />15. Notices. All notic� given by Bonower or Lender in connecrion with this Security �ment must be in <br />writing. Any notice to Borrower in conne,ction with this Security Instrument shall be deemed to have been <br />given to Borrower when ma.iled by first class mail or when actually delivered to Bonower's notice address if <br />sent by other means. Norice to any one Bonower shall consritute norice to all Bonowers unless Applicable <br />Law expressly requires otherwise. The notice address shall be the Property Address unl�s Borrower has <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP � VMPB(NE) (1105) <br />Wolters Kluwer Financial Servic� Page 11 of 17 <br />